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37 Cards in this Set
- Front
- Back
damages
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monetary compensation that may be recovered in court by any person who has suffered injury or loss.
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seditious libel
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communication meant to incite people to change the government, criticism of the government
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SLAPP
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strategic lawsuits against public participation. Libel suits who's purpose os to harass critics into silence, often those critics first amendment rights
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Communication Decency Act
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the part of the 1996 telecomm act that largely attempted to regulate internet content
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libel per se
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a statement whose injurious nature is apparent and requires no further proof
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libel per quod
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a statement who's injurious nature requires proof
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slander per se
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slander that is apparent and requires no proof
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slander per quod
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slander that requires proof
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negligence
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the failure to exercise reasonable or ordinary care. in libel law, the minimum level of fault a plaintiff must prove in order to receive damages
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actual malice
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a statement made knowing it is false or with reckless disregard for its truth
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deposition
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testimony by a witness conducted outside a courtroom and intended to be used in preparation for trial
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public figure
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a plaintiff who is in the public spotlight, usually voluntarily and must prove the defendant acted with actual malice in order to win damages
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all purpose public figure
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a person who occupies a position of such persuasive power and influence as to be deemed a public figure for all purposes.
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limited-purpose public figure
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plaintiffs who have attained public figure status within a narrow set of circumstances by thrusting themselves to the forefront of particular public controversies
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bootstrapping
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the forbidden practice of a defendant claiming that the plaintiff is a public figure solely on the basis of the statement that is the reason for the lawsuit
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involontary public figure
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a person who dies not necessarily thrust himself or herself into public controversy, but is drawn into a given issue
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private figure
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a plaintiff who cannot be categorized as a public figure or official
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fair report privilege
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a privilege claimed by journalists who report events on the basis of official records
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fair comment and criticism
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a common law privilege that protects critics from lawsuits brought by individuals in the public eye
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innocent construction
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allegedly libelous words that are capable of being interpreted, or con trued, to have an innocent meaning are not libelous
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neural reportage
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a defense of libel law that is accepted in some jurisdictions that says that when an accusation is made by a responsible and prominent organization, reporting that accusation is protected by the first amendment even when it turns out the accusation was false of libelous
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single publication rule
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a rule that limits libel victims to only one cause of action even with multiple publications of the libel, common in the mass media and on websites
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libel-proof plaintiff
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a plaintiff whose reputation is deemed to be so damaged already that additional false statement of and concerning him or her cannot cause further harm
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retraction statutes
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in libel law, state laws that limit the damages a plaintiff may receive if the defendant had issued a retraction of the material at issue
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false light
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making a person seem in the public eye to be someone he or she is not
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fact finder
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in a trial, a judge or the jury determining which facts presented in evidence are accurate
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appropriation
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using a person's name, picture,likeness, voice or identity for commercial or trade purposes without permission
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commercialization
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the appropriation tort used to protect people who want privacy
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artistic relevance test
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a test to determine whether the use of a celebrity's name, etc, is relevant to a disputed work's artistic purpose
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transformativeness test
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a test to determining whether a creator has transformed a person name,etc, for artistic purposes
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predominant use test
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a test to determining whether th defendant used the plaintiffs name or picture more for commercial purposes or for expressive
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intrusion upon seclusion
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physically or technologically disturbing another's reasonable expectation of privacy
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private facts
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the tort under which media are sued for publishing highly embarrassing private information that is not newsworthy or lawfully obtained from a public record
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moral rights
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the rights of artists to have their and only their name attached to their work
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statutory damages
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damages awarded under certain laws, including copyright, they can be awarded even if a plaintiff is unable to prove actual malice
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fair use
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a test courts use to determine whether using another's copyrighted material without permission is fair or an infringement.
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trademark
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a word, name, symbol, or design used to identify a company's goods and stings them from similar things
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